Two basic kinds of cases… Criminal law cases The government charges an individual who violated specific laws Civil law cases No charge of criminality Instead, there is a dispute between two parties These judgments define the relationship between these two parties

Federalism There are State courts Federal courts Most criminal cases end at the state level.

Participants Litigants Plaintiff – brings the charge against the defendant Defendant – is charged by the plaintiff

Standing to sue To sue, one must have standing This is a legal concept that refers to who is entitled to bring a case to court There must be an actual controversy between real adversaries Must show that you have been harmed

Class Action Suit A case brought into court by a person on behalf of not only himself, but of all other persons in similar circumstances

Participants Groups Interest groups often seek out litigants whose cases seem particularly strong

Amicus curiae briefs Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties These briefs attempt to influence a court’s decision Through these written depositions, a group states its collective position as well as how its own welfare will be affected by the outcome of the case

Courts with Original Jurisdiction Those in which a case is heard first, usually in a trial These courts determine the facts about a case, whether it is a criminal charge or a civil suit

Courts with Appellate Jurisdiction Hear cases brought to them on appeal from a lower-court Appellate courts do not review the factual record, only the legal issues involved At the state level, the appellate process normally ends at the highest court of appeal: the State Supreme Court

District Courts 94 federal courts of original jurisdiction Jurisdiction extends to: Federal crimes Civil suits under federal law Civil suits between citizens of different states (exceeds $50,000) Supervision of bankruptcy proceedings Review of the actions of some federal administrative agencies Admiralty and maritime law cases Supervision of the naturalization of aliens

U.S. Courts of Appeal Courts empowered to review all final decisions of district courts, except in rare instances in which the law provides for direct review by the Supreme Court The U.S. is divided into 12 circuits, including one for D.C.

Supreme Court The pinnacle of the American judicial system The court ensures uniformity in interpreting national laws resolves conflicts among states maintains national supremacy in law It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda

Supreme Court There is one chief justice and eight associate justices on the court This number is not determined by the Constitution Congress has the power to determine the size of the court

Courts as Policymakers They choose the cases they will hear Most likely to choose cases about civil rights and civil liberties and cases regarding discrepancies amongst the lower courts Decisions based heavily on precedent Stare decisis – let the decision [of the lower court] stand

The politics of judicial selection Appointing a federal judge or a Supreme Court justice is a way for the president to leave a legacy because these are lifetime positions They may only be removed through impeachment The Senate must confirm each nomination

Lower Courts Senatorial Courtesy – unwritten tradition under which nominations for lower-court positions are not confirmed when opposed by a senator from the state in which the nominee is to serve Note that this does not apply to Supreme Court nominations

Supreme Court The President usually relies on the Attorney General and the Department of Justice to identify and screen candidates for the Court Candidates for nomination usually keep a low profile The Senate Judiciary Committee does a lot of the investigating before the Senate will approve a nominee

Borked For much of American history, Senate confirmation of nominees was a routine procedure Now it is much more of a big deal Example: President Reagan nominated Robert H. Bork to fill a vacancy Bork testified before the Senate Judiciary Committee for 23 hours A wide range of interest groups were involved The Senate rejected his nomination

The Courts and the Policy Agenda Judicial Activism Those who favor activism want to allow the justices the freedom to forge new policies Judicial Restraint Those who favor restraint think the court is too powerful and should take a minimalist approach

Supreme Court The term of the court begins on the first Monday in October and lasts for one year Approximately 8000 petitions are filed within one term